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re: Employer not informing employees someone tested positive.

Posted on 4/10/20 at 6:59 pm to
Posted by mtcheral
BR
Member since Oct 2008
1936 posts
Posted on 4/10/20 at 6:59 pm to
Why would you care if your coworkers were told? I would be ok with them being told if it helped them out.
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
35293 posts
Posted on 4/10/20 at 7:00 pm to
quote:

Are you familiar with HIPAA laws?



It's clear that you aren't
Posted by castorinho
13623 posts
Member since Nov 2010
82016 posts
Posted on 4/10/20 at 7:02 pm to
quote:

If you tested positive for coronavirus would you really want that info shared with your coworkers?

huh, yes actually. Because I'm not a piece of shite.
It's not like someone caught aids, wtf.
Posted by buckeye_vol
Member since Jul 2014
35236 posts
Posted on 4/10/20 at 7:02 pm to
quote:

If you tested positive for coronavirus would you really want that info shared with your coworkers?
Yeah. Why wouldn’t I? I would probably let them know myself if necessary. It’s not like herpes or something.
This post was edited on 4/10/20 at 7:03 pm
Posted by SEC. 593
Chicago
Member since Aug 2012
4043 posts
Posted on 4/10/20 at 7:08 pm to
An employee can most definitely be told someone else in the immediate area is positive for COVID, and only would need to avoid saying specifically who it was.

Posted by bakersman
Grant parish
Member since Apr 2011
5707 posts
Posted on 4/10/20 at 7:08 pm to
quote:

Posters went crazy on someone that fired an employee for not telling.


There’s a supervisor with my company out in west Texas that may be losing his job because he knowingly allowed someone who was showing symptoms continue to work and infected other people.
This post was edited on 4/10/20 at 7:10 pm
Posted by UncleD7734
Member since Apr 2019
1297 posts
Posted on 4/10/20 at 7:10 pm to
I think according to ryan white act, the employees that have been in contact with the infected person have to be told they could have possibly have been exposed. No names though. I know if you are a EMS or first responders, they have to be told they could have been exposed. Not sure about anybody else.
Posted by bee Rye
New orleans
Member since Jan 2006
33961 posts
Posted on 4/10/20 at 7:11 pm to
quote:

That is absolutely protected medical information under HIPAA.


Lol, no it isn’t
Posted by NoSaint
Member since Jun 2011
11276 posts
Posted on 4/10/20 at 7:12 pm to
quote:

Obviously they can’t mention by name, but are they not required to tell anyone that someone tested positive?


You think there’s a law requiring notification if you sit within 6 feet but obviously it couldn’t name the person?
Posted by castorinho
13623 posts
Member since Nov 2010
82016 posts
Posted on 4/10/20 at 7:14 pm to
Law? No. Lawyer? Definitely.
Posted by JustSmokin
Member since Sep 2007
9151 posts
Posted on 4/10/20 at 7:17 pm to
quote:

And a good argument could be made that the employer could get in trouble for even sharing the information without a name.

The CDC has guidelines for employers. They say employers should notify employees who have come in contact with an infected employee. This can be done without identifying the infected employee.

There are going to be lawsuits over this virus. Walmart is being sued because an employee died. Lawyers are going to be busy.

Posted by Gator5220
Member since Aug 2010
3132 posts
Posted on 4/10/20 at 7:23 pm to
Oh I’m familiar with it. HR doesn’t exist to protect the employees. It exists to protect the company.
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 4/10/20 at 7:29 pm to
quote:

My employer made upper management of each division call all of their employees that there was a positive case and their response to it.

They offered zero identifying info though, even as broad as work shift or department.

In my opinion, your company did it perfectly.
Posted by buzwa
Member since Sep 2006
2467 posts
Posted on 4/10/20 at 7:48 pm to
Don't have to say shite baw. No legal requirement.

Not saying they shouldn't say anything, but don't have to.
This post was edited on 4/10/20 at 7:49 pm
Posted by Lost Highway
Chicago
Member since Sep 2016
153 posts
Posted on 4/10/20 at 7:51 pm to
My company had two positives this week. All managers had conference calls with their teams to communicate the news. No names were mentioned, nor departments. All personnel who worked in the same area were sent for testing. All tools, equipment, etc. were cleaned and sanitized.

Companies best interest is to keep all their employees safe. This is a meat processing plant so we are still going in and getting the job done. Now, all employees must go through a standard questioning and a temperature check before being allowed to get out your vehicle. We have folks on light duty assigned to walk up and down the halls wiping every surface down with sanitizer. They also supplied stocking masks at the entrance.

I am glad that they are taking this spread of risk seriously, it helps when you must go into the office.
Posted by ashy larry
Marcy Projects
Member since Mar 2010
5568 posts
Posted on 4/10/20 at 10:41 pm to
quote:

That is absolutely protected medical information under HIPAA.


HIPPA basically applies to healthcare professionals and that’s about it. Your doctor can’t tell your employer or coworkers, but HIPPA doesn’t apply to non-healthcare folks. There may be HR regulations related to privacy in general but HIPAA is meaningless in the workplace. We were told that we had to inform employees if they were exposed but to avoid giving any details that might identify the person that was potentially positive.
This post was edited on 4/10/20 at 10:49 pm
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
35293 posts
Posted on 4/10/20 at 10:44 pm to
quote:

Oh I’m familiar with it. HR doesn’t exist to protect the employees. It exists to protect the company.


Do you work for a healthcare provider?
Posted by UMRealist
Member since Feb 2013
35360 posts
Posted on 4/10/20 at 11:00 pm to
quote:

Telling your employees that a person did in fact test positive, has nothing to do with HIPPA.

It does have HR ramifications though. Even if you keep names out of it, you are still implying who it is if that person is suddenly not showing up for work for a couple weeks. Can be a pretty sticky situation even in the most benign of circumstances.

Not saying it's right or wrong. I personally wouldn't want to know.
This post was edited on 4/10/20 at 11:10 pm
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